pre settlement access

[Denkel]

Not sure if I have the correct location.

I got the idea of writing in an access clause on the contract of sale from this forum. A great idea to get into the ip and change or reno anything in need of tlc AND have prospective tenants through to get them in asap.

A learning experience for us. We had the access clause included but it was written in in such a way as to specify what we wanted to do. i.e. tear up carpet, polish floors and renew retaining walls.
The trouble is once we had more time to think about it we wanted to remove the space heater and install ducted heating, plus paint a couple of rooms.

Our elderly vendor (who lives next door to the ip) for various reasons peculiar to her, objected to the new heating being installed. The reasons are irrelevant but because we needed the painting and heating done before the floors she effectively blocked our "ready for renting at settlement" plans.

She is quite legally entitled to stick to the contract as written I believe and that is the point I wanted to make .

Make sure you include everything in that clause that you need, and throw in a couple more in case. Make your inspections and planning thorough. "Due diligence..." as is oft written in these halls of learning.

Is there a general clause (without specifics) we can use on our next one?

Kel

 

[Jacque]

Kel,

Sounds like the lady seller in your case was quite attached to her former place and just didn't appreciate your renovating ideas!

A general clause would be something along the lines of:

"Access prior to settlement for the purposes of renovation is required."

Start from a simplified one and negotiate your way up to a more specific one, if need be. Most solicitors will jump on a clause like this and advise their vendors not to proceed (happened to us!) as the property is not actually yours until settlement day. Some will allow a certain amount of work to be done eg: outdoor landscaping and exterior painting whilst others couldn't care less as the place is a dump anyway, and if settlement falls through for whatever reason, they'll have a renovated place!
It's always worth trying, though, to get access prior and I know that someone like Michael Croft does this regularly. Perhaps he could shed a few tips.....

Thanks for sharing your experience- we all learn from each other with tips like this!! Happy renovating!!

 

[paulzag]

Jaque's clause is great.

Remember to tell you solicitor the outcome you want. Then let them sort out the wording and get it past the vendor. Don't try to be a lawyer.

The standard NSW Contract for the Sale of Land covers any improvements made to the property. I remind the vendor that if I don't settle and have painted and renovated then they get a more valuable property.

 

[asy]

Originally posted by paulzag
Remember to tell you solicitor the outcome you want. Then let them sort out the wording and get it past the vendor. Don't try to be a lawyer.

Bloody good advice there....

Whenever we use an interesting clause, or a new clause, I word it then run it past my conveyancer. I let them figure it out, after letting them know what I am trying to achieve.

I then catalog it and keep a list of all these odd clauses for future use.

asy

 

[Jimmyjamjars]

That's an unusual but very handy collection, Asy.
"A collector of odd clauses"
JIM

 

[Jas]

We generaly specify what we want to do in the contract. I've found the vendor is very happy to agree before they get your signuture.

After a while, you'll find you'll be doing the same things, so you can use the same clauses.

Sorry to hear about the heater thing thou.

Jas